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Posted by TenantNet on December 05, 1997 at 21:17:14:

In Reply to: Terminating Lease/Security Deposit posted by Amy on December 03, 1997 at 14:37:40:

: The management co. (it's a coop building) is ok with
: that but says they may not be able to give me my security deposit back
: if the apartment is not rented immediately after I leave.
: Is this so? Or must I get my security deposit back anyway since the apt.
: is priced at normal market value and is rentable?

Normally tenants are responsible for the term of the lease. If they
leave early an owner may claim damages (economic losses). In some
places (NYC) it's generally assume units can be re-rented almost immediately,
so the owner would be required to show he actually attempted to re-rent the
place. If you bring him a new qualified tenant, and the owner refuses to
re-rent to the new tenant, then he's not suffered any losses and will have
a hard time making you pay. Some tenants withhold their last month's rent
to recover security deposits to avoid the unfortunate all too common case
where owners "invent" damages.

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Comments:
: : The management co. (it's a coop building) is ok with
: : that but says they may not be able to give me my security deposit back
: : if the apartment is not rented immediately after I leave.  
: : Is this so?  Or must I get my security deposit back anyway since the apt.
: : is priced at normal market value and is rentable?

: Normally tenants are responsible for the term of the lease. If they
: leave early an owner may claim damages (economic losses). In some
: places (NYC) it's generally assume units can be re-rented almost immediately,
: so the owner would be required to show he actually attempted to re-rent the
: place. If you bring him a new qualified tenant, and the owner refuses to
: re-rent to the new tenant, then he's not suffered any losses and will have
: a hard time making you pay. Some tenants withhold their last month's rent
: to recover security deposits to avoid the unfortunate all too common case
: where owners "invent" damages.


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